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Letter and Document. From: Miguel (Mike) Swanwick, Ltd. To: Jack Foster. Re: Foster, Gober and Knapp v. Clifford Alexander., Dec. 4-7, 1979

 File — Box: MS419.06, Folder: MS419.06.566
Identifier: MS419.06.566

Scope and Contents

Dear Jack: It is with great pleasure that I enclose a copy of the Stipulated Dismissal and Order of Judge Elliott requiring the Army to reinstate you to active duty, give you credit for time served and for retirement purposes from the period of time you were released from active duty until you are recalled to active duty. Please refer to the Stipulated Dismissal, Paragraph 2, wherein the Army will correct your military records to reflect that you were not released from active duty, that you were not passed over for promotion in 1975 and 1976, and that you will receive credit for Active Federal Service from the date of your release until the date of the recall to active duty. Please note that Paragraph 3 of the Stipulated Dismissal gives the defendant Army, one hundred eighty (180) days to select your date of recall. The significance of this is that the Army will probably not recall you until after your twenty (20) years Active Federal Service is up, which we believe to be in about three (3) months. This was my reasoning for allowing the one hundred eighty (180) days for the Army to conclude this matter. Paragraph 4 of the Stipulated Dismissal is the determination of the method of computation for the back-pay and allowances which you will waive or give up pursuant to this agreement. That method of calculation is as follows: gross pay and allowances that you would have received during the period of release, less earnings during the period of release. I asked the Army Lawyer to call the General Cousel's office at the U.S. Army Finance and Accounting Center and make sure that they understand the terms of this agreement. He did so, and the General Counsel understands that the Army is recouping the readjustment pay (that they paid you) as a credit against the back-pay and allowances that you are waiving. Therfore, no cash money will come out of your pocket to pay back those $12,000.00. the General Counsel understood this clearly and I feel certain that we have no problem in that regard. Paragraph 5 of the Stipulated Dismissal prevents me from using this settlement against the Army in any future case I may have. Enclosed please find my statement for services rendered from the last time that I billed you which was at the time of the filing of the Brief in the Fifth Circuit. As usual, I have divided the expenses, which are susceptible of division between you, Tom Gober ane Ed Knapp for the various trips that I made to Washington, Atlanta, New Orleans, Macon, Valdosta and Columbus on your behalf. I was able to contact Capt. Knapp; he is working for the Vinnel Corp. in Saudi Arabia training Saudi troups. He is going to take the Army up on returning to active duty for a period of approximately two and one-half years and was delighted to hear the results of the case. If you need to discuss with me a period of time within which to satisfy the enclosed statement, please do not hesitate to bring up the subject. With warmest personal regards, we remain Very truly yours, W.Miguel (Mike) Swanwick, Ltd. Document: "JOINT MOTION FOR RELIEF FROM JUDGMENT", enclosed in folder.

Dates

  • Dec. 4-7, 1979

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Extent

From the Collection: 6 Cubic Feet

Language of Materials

English

Repository Details

Part of the McCracken Research Library Repository

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